{"title":"跨国公司人权诉讼实践","authors":"Daniel Leader","doi":"10.1093/oso/9780198866220.003.0003","DOIUrl":null,"url":null,"abstract":"Daniel Leader reviews multinational human rights cases that have developed English law on jurisdiction and parent company liability. He considers the first batch of parent company cases that started the ball rolling in the 1990s, leading to the establishment of the parent company duty of care principle in Chandler v. Cape. He explains the principles of the 2019 and 2021 Supreme Court decisions in Lungowe v. Vedanta and Opkabi v. Shell, and the first trial of a parent company case, where an international auditor was found in breached of its duty to act ethically. The key principles developed on jurisdiction and forum non conveniens are explained. He reviews security and human rights cases, including recent settlements against Gemfields and Kakuzi. He also reviews supply chain cases arising from shipbreaking and child labour on Malawian tobacco farms. Procedural and practical issues concerning discovery, group actions, witness anonymity, and funding and viability of cases are outlined.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"9 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"Human Rights Litigation against Multinationals in Practice\",\"authors\":\"Daniel Leader\",\"doi\":\"10.1093/oso/9780198866220.003.0003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Daniel Leader reviews multinational human rights cases that have developed English law on jurisdiction and parent company liability. He considers the first batch of parent company cases that started the ball rolling in the 1990s, leading to the establishment of the parent company duty of care principle in Chandler v. Cape. He explains the principles of the 2019 and 2021 Supreme Court decisions in Lungowe v. Vedanta and Opkabi v. Shell, and the first trial of a parent company case, where an international auditor was found in breached of its duty to act ethically. The key principles developed on jurisdiction and forum non conveniens are explained. He reviews security and human rights cases, including recent settlements against Gemfields and Kakuzi. He also reviews supply chain cases arising from shipbreaking and child labour on Malawian tobacco farms. Procedural and practical issues concerning discovery, group actions, witness anonymity, and funding and viability of cases are outlined.\",\"PeriodicalId\":373424,\"journal\":{\"name\":\"Human Rights Litigation against Multinationals in Practice\",\"volume\":\"9 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-10-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Litigation against Multinationals in Practice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oso/9780198866220.003.0003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Litigation against Multinationals in Practice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198866220.003.0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Human Rights Litigation against Multinationals in Practice
Daniel Leader reviews multinational human rights cases that have developed English law on jurisdiction and parent company liability. He considers the first batch of parent company cases that started the ball rolling in the 1990s, leading to the establishment of the parent company duty of care principle in Chandler v. Cape. He explains the principles of the 2019 and 2021 Supreme Court decisions in Lungowe v. Vedanta and Opkabi v. Shell, and the first trial of a parent company case, where an international auditor was found in breached of its duty to act ethically. The key principles developed on jurisdiction and forum non conveniens are explained. He reviews security and human rights cases, including recent settlements against Gemfields and Kakuzi. He also reviews supply chain cases arising from shipbreaking and child labour on Malawian tobacco farms. Procedural and practical issues concerning discovery, group actions, witness anonymity, and funding and viability of cases are outlined.